The Sun. — London, England, 1809-07-27 00:00:00

'~~~'~~ ~~es PRI:ATE CORRESPONDENCE: Ettt,TNN. JILT b.-4 am sorry that I atn.nnable to give so satistamory an account of tlitattle of \Va grant As I did of the Battle of Aspern Aus' , Irian trTys . and Pt/beers - sustained the Jeputalion they have acrp4iredfor gallantry, steadiness ; and pa trioti*.m. Buoriapwc, on the night edit. 4th, drew our attention to Essling, upon which he commenced a. turioes cannonade.' In the mean time he - threw veer two 'bridges beyond . Ettzeridbrif, and passed over on our left.. We inin.tecliaiely'ntade the neces sary . dispositions to meet him; and On the sth a la.'. tious contlicttook place, in 'which we were viaori; ous, takhig 5000 . 4 the enmity prisoners, 12 eagles, nod to pieces of cannon; night put all end to the combat ;• to be renewed, however, with more fury en the folidwing day..,.Buonaparte had assembled ill hiS' W64;1) . 8 fildni all quarters. ,The Archduke Charles had tonted the Archduke John to join him with his• troops; if he had, 'we should have' been able to gi‘d. at good an account alibi? enemy as we did 0 the .e2ist and 11J of May. lii the early part of the day on 'the 6th, we bad . tlieadvantage; FiUr centre and our right wings did wbuders,atid we had nearly, by outflanking the left wing of the French, and getting to Aspern, *got between thern'tild the Danube. Buonaparte sent above Ibti of can non to the centre, which opened a tremendous fire; that mowed down our rattlo; and. Made the men give way. However, they recovered, and every •attempt of the French cavalry to break the centre; and c.et in our rear, was rendered abortive; hut' the Generalissimo, despairing of the arrival of the Arch duke John, and the enemy being superior in num bers, thought it advisable to order - a retreat towards the afternoon. It was etrecled in the best Order, our 'cannon, atiimunition, and magazines being all car ried otl The loss in these two . battlet was much greater than in the baffle of Asperu ; each side lost as much as both together did in .that battle.- It was a most tintortvinate circumstance that the Archduke Jeitiro d'id.norjoin us ,We learn, that Seeing Eugene BokAuiwnois retreat from die. Raab, he went in pur;. bolt of him. It is reported here that be has been jobed by G.reral And Count Gutlay:— We - had 'two Generals killed, GcLeralsAusperg a nd Irii,rtttan; they are - Mach regretted, 'la they were excellent Officers. • LAW REPORT. COUgT OF COMMON PLEAS, juLy it. WILSON V. TUILNER. 'This was an glion for false imprisonment brolight against thedifendant, who is'iGela!email of some property at. Blaick heath,- and who "was formerly a Captain in tla.--East Loudon Militia. . - 'Mr. Serjeant Cocitzt.l., for the' Plaintiff, stated that his client had endured the greatest distress through the conduct of the Defendant, in. falsely swearing a debt against him, 'and afterwards con fining him in the Poultry Compter, where he re mained twelve months without - any other assistance than the jail allowance, arid the scanty contribu tions of ills. triendc. The Plaintiff was not even ktiown to the Defe• claw,' nor bad he any transac tionior coreelxinderice with him' in his Me. The Plaintiff was acqnstinted with Johnson the smuggler, and bad some dealings.with him they afterwards disagreed, and Johnson in February 4805, arrested him-for 10601.•Whea he did' not owe him a single farthing, and he afterwards brought an aaion of fake imprisonment against -Johnson and recovered damages. •Two days alter be had been arrested by Johnson, Turner obtained a writ against him and JohnsOn jointly, for . 7401. and lodged a detainer against him' for that amount, but suffered Johnson to remain at liberty. He never wou►d proceed to trial, although frequently called upon to do so, and the P;aintiff was at last discharged by a super sedeas. • 72 Several witnesses were then et'amined, who I proved the Plaintes confinement. at the suit of Tut, ner, from the inch of february, .1806, to the - 16th of February, 1807, that the writ was issued by an attorney in ltood-llne, jointly argaiti'st the Plaintiff and Johnson, but that the Officer was instruaed to arrest Wilson only, 'and to let -Johnson continue' at large. Mr. Serjeant SHEPHERD, for the:Defendant, de. nied that any malicious intentiowebtkld'be imputed to him for what he. had done."; l l94'rs'el was, that Johnson and,Wilson .wele partners iii the hail anchor trade, and Johnson being 'indebted to . hitn in 7201, be though hiniseff - entitled s to : i)isne. the writ against him. and . 1 4is partner for: the amount: The 'learned Serjeant thee read a letter dated it; 1799, from Mr. Wilson tO Mr. Aviugdon, (which was the name' Johnson sometimes went. by) . desiring an arrange:. mentof'theitmffalrs, and adissolurion of the partner ship. That letter, he ( centencleo, was a.proof of their partnership, and that the one party was liable for the debts coetratiled by the other. "He also stat ed, that the Defendant was not in a condition to pay large damages... Serjeant COCKELL made a Must animated reply. The Plaintiff's letter to Johnson, he remarked, was proolej a partnership, but merely that acorirrec tion-subsisted between them seven -years before the alleged Cause of action was stated to have taken place, and which conneaion had redUced the Plain tiff to mise ry, , in all probability for the'rest of his c . life. Fee 61114 not undertake to say what the De-• Pendant's circumstances were, but if peor, from his . , condud towel - cis the Plaintiff, he ought to be made to feel the : maxim of law, that those who cannot pay in their purse,.must pay in:all - tit person. . Sir JAMES MANSFIELD recapitulated the evidence, and stated, that there was no other mode of proving a tualiciolis intention or arresting a maw than by stating that be owed nothing, and that no attempt bad bean made to prove a debt. The Attorney who 'bad ailed for Johnson, and,wbo arrested the Plain tiff for the Defendant, might explain the transaaion, but the Defendant's .Co.ensel did not think proper to call upon him or Johnson, which he could account for by no other reason-than that. if, they appeared, they would make the case ten times more black. The Jury deliberated a few minutes; and brought in a verdid for the Plaintiff—Datnages 20041. being the sum at which they were laid in the declaratiOn. . POLICE. Puruc Orrrct, UNToei-ITALt. —l''esterday a . young man, :cal thename of Smith, residing,at Toot in Surrey, was examined, .being; charged with having passed twp forged . chtques, payable at Messrs. Drumrnonds, Charinikeross, one for 201. the othtr • Tor-51. for whiclilic r e ceived val,l*-of- Mr. Golding, ". a Corn-dealer,, and .the Landlord of the B;11 Public house, at the above place. The charge, being made out, the Prisoner m committed for trial. „ rtlßLic OFFICE, HATToN-GARZmi.r—Yesterday a young man exhibited a complaint ag'aitist - a spirited young woman of decent appearance, being appre herisive. Of personal, injury, by . .which he considered his life to be in 'danger. Being called upon what she had to say for herself, answered, that he always was very troublesome, and exciting disturbance, and the . Only weapon she made use of.todetend4iers:o4 was her tongue,' ‘vithout any threats, which in l o duced him to challenge her and 'her si,;er to' , him for:five guineas, :which, they declined ; but Prosecutor being positive in his charge, she wa.-Alielikti . l to bail, when two' Gentlealen, entire strangers ; be • came 'her bondsmen. Two races took l'alace'yesterday onThe New Cross ,road, betwixt Captain Aiken and a, -Mr:Sullivan, the former having undertaken to go a mile.in five minutes, and run. Mr. Sullivan' a mile, within the ,intervarof one minuteonly betwixt the starts. The Captain did his milein two seconds under the given tirne,,and alter resting the minute, he did the other mile in five - inintites - and 25 seccinds, and beat Iris adversary by about a hundred yards. 'The ogers were 20 g6ineas each. MARRIED, On Tuesday, at Codstone Church, - the Hon, and Ref. Littleton I'owys, ltedor of Tkhni4r,ell,. in the ChnntY "f Northarnrton, to „ of Sptinz-garden-Teica,:e, anti of Marden Park, is the County of Surrey. .The seine day, at St. Georges, lianover-sqUare, Frede rick ,CirorgeSyms, .Esq.--oiDottors' Commons; to Ft -tii,,s. second daughter of Ails. prceslwollers, at nrentford Butts, grand-daughter Of arnes Lockhart, Esq. of Sheyiield-11, -, m , !. and niece 01-lohn Ingram Lockhart, Esti. Al. P.•tcr the City of Oxford. Lately,. Mr, William Murrayi - Writer,' of Edinbtirglr,-to Miss Mary Thomson, yoUngest daughter of the; late lohtt Thoinson, Esq. or Duncrivie, • . . A few days iigo, .ar .Caninethan:liouse, Captain Dav'sl Robertson, of the Non. East-India' Coinp . .iny'4 tt , Caroline, (laughter of thc.late jaihesLucklbaft,.Esq. of Cis-. tle.hill. DIEP. ' Uri Sunday last, at her house in Argyle.strect, Mrs. War. Lately, the Lady of W. A. Le Hunt, rsg. of Atramandi in the County of Wexford, in child bed. „ At I nehmichael, Charles Kinnear, Esq. of Kinnear. At Dumbarton, Captain Robert Robeltson. At King's Grange, Alexander Copland, Esq. of CoilieS; ton. . PRICE O vzsts Bank Stock,. Navy ;,pe't Cent. 98 99 5 per Cent. 1797, Irish 5 her Cent. .4 Per Lent. 8 4 3 per Cent. Iteu. ps 3 per Cent. Cons. 68 by 68 sank L. Ann. 18 ii-t6thsi YORKSIIIRE LIMME4 - SIZES. . . . . tiiWarti Veoman , the 'c'jth of Marcb List he assisted in ; apprehending. the Prisentr; lie was ‘Staiioned by Mr. Townend at 'Ututley's shop, along %kith Pardoe; Dent sell's lion: and 'meal a'dOut nine o'clock, wituess And -l'ardoe went into dining-room, and two or three 4.lainutes• afterwards Mr. Townend cache in ; there:was a. coat-piece lying on a chair, and a silver cup was on . the table; the cup-might be put under coat; 'Witness search ed the Prisoner's lett ithide-coat pocket, and itt it found fifteen Bank mires, of il. each; witnec*s marked them; witness had no other; on searching the Prisoner's Waistcoat-pocket, witness found twelve.country . notes of different denominations, and a 21. Bank of England Note; ,witness has had the note in his possession ever since, it was marked at the time; another il. Bank note - was found amongst the country notes,- :and produced and identified by the witness; the other tourteen out of the fifteen notes, found by the witness, Were pro, duced•and identified by hfcn ; the two notes taken by Dent of the Prisoner, , and by Dent delivered to the witness.en theytli.orMarch, and then marked by' the witness, were also produced by him and identified; witness .is confident the fifteen notes were taken out of the Prisoner's left inside coat poLket;_ _ • • Mr. P4kai called Mr. Townend again, who was , shewn the 21. note, and proved it to be the same whicis he gave to Baumbrough, and which he had previously . marked with a Q ; also the two notes which were pica by Dent to Yeoman, after he 'had , taken them of the Prisoner, were previously marked by this witness and identified. - Joseplt. Pardue, Police Officer, says, that on the nth Marco-last, he was at - Cautley's along with Mr. ToWnend and Yeoman ; witness went with Yeoman to. Dent's 3 . they 'found the Prisoner and Vent to- . getherin!a ;Own (up stairs ; saw a silver cup with two lia4dies, also some woollen. cloth in the room neLtr the Pri,ioner; . witness appreliended, him, and wifoes, and Yeoman - searched him together ; Wit ness leund two watches; there was a key at one of thetuf; the : watches now produced are in the same state they were thtn ; went to . Mrs. M'Carty's, and saw her; she shewed him a room in which he found a pair: of saddle-bags and . - a great coat; this was in the Far Water-lane- 7 [hags now produced] --;-they were then locked ; the witness then o p ened them with the -key hanging xo one:of .the w4tehes ; witness examined the contents of the bags, and fo'und upwards of one hundred notes, which .witness pre.= duced and identified, as being marked by him be fore he gave them but of his custody ; the notes be ing counted there were 123 .01 11. ekii, and f 3 of.: 21. each ; • witness found a shilling upon the Prisnti er,,which had been previously marked by Mr. Tc6n- • end ; witness had it till this morning, and then gave. iLto Mr. Townend. Mr. Townetid again called,:identified the shilling, On questions by Mr. SINCLAIR, Joseph Pardoe says,he is a public officer; 'he had Dent in custody once; he has an" indifferent charmer; would not M 'all cases believe 'him upon 'oath. Mary .11`carty lives in the Far Water-lane ; knows the Prisoner at the bar, whom she identified; came'tO her house and slept one night, about a .quarter of a• year previous to the gt h of March last, and on that day, between ten and eleven o'clock in the forenoon, he came again ; he had a pair of sad dle-bags over his arm, and his top coat on ; he asked for a bed ; he placed hiS bags upon a‘ chair, took a key oil his watch-chain, and opened the bap to take out a .shirt to wash, and locked the bags again'; witness told him to take them to bed•rooni, where he - had slept before,. and be left • them there, and his top-coat; after he had locked: the bags, he put the key to his watch again; Pri soner went out, and witness sat late foi his return '. at night ; Pardoe came, and she she Wed him the room ; Pardoe • took the bags, and witness Marked therri before they were taken .away; (the bags were produced to this witness, and identified;) 9 the ness,saw Pardoe open the bag's, she saw the key open the lock, and there were .papers taken on', which appeared like bank bills. • . William' Smith was ostler at the Fleece; on the gilt of March lak, the Prisoner came there in the toreneon upon a little brown galloway, with a parr of 'saddle-bags - under him, he took them : off, hung them over his arm, went ,away, leaving the, gallo way in the witness's Thomas - Baumbrough is in the employment of Mr. Cautley, druggist, .in Low Ousegate, York ;' received a two pound Bank of England-note of. -Townsend.; With instrudibnOb go over to R: bent's about eight b'eloek 'in thei tvening to'get change; the note . Nvas matked, and the viltnesOlad no-other note ntit that given him by Mr. Tywnekid witness went roVer s and Saw Hannan, and she took the note; went up stairs, and in a little time brought 'down 21. in silver, which she gave to the witness; ;witness counted it over and objeded to . some, and one being a'very bad one,' he got it changed. On a question by Mr. Sinclair, witness said Han onawilt) G po r cke at. t changed the shilling.with one out :of her Haniiali . Grant, housekeeper to . R. says, ; she khows the Prisoner; the saw him 'there in .March, first in tuts forebotgi, -but he did not stop long; he came in with Dent, between • eight and nine in' the evening, and went into the dining-reuni; it is nearly opposite to - Mr. Cautley's ; a little time afterwards her master called her up stairs,. there was ' A shilling-lying on the table, she was desired to fetch. some'rimn ; she met Thomas Baumbrough, whn askedlier - to give him change; he; had a 1.1. note in his hand,; he .asked if Mr.' Dent could give Mr. Cautleychange ; viltness took the note, ancE went up with it to her master and the Prisoner,, and, speaking th D'eni, said " Mr. Cautley would be obliged if-he:cobld change him a 9.1: note;" Prisoner 'wok it in his hand, and said, " it was a good'One„ he would change it," and 'gave her, four hall-cro , :vn pieces; and the rest in shillings ; witness went down stairs and laid the change on a- table; and Baum brough looked it over, objected to several, but- at last there was one be :would not take, and she changed it with the shilling 'she . had to fetch the rum •wilb ; Pardoe came in as soon as ilaumbrough had got out of the paSsage. William Boocoek was boot-catcher at the White Swan ,in'the Pavement, was talking with the Pti,- sonee when Dent came up, and said, " I want you." . . • Joni. ic_ , „.7ior t Ban .1. ore,; 11!! Bank of England; on being diem] ere .of. the notes stated in the indiarn;mt,,said, it ~ vas ct forged note ; it was not the wi which Bank not:..s are made ; there is no part of the note the production of the Bank. The : note was signed 3. Clapp ; u it nes:i sad there is such an officer as J. Clapp, but thik signature is not "of his hand-writing; the name of A. Hoopet, , ki entering clerk, is DOE the hand writing of A. - hooper; who belongs to the Bank iii anOther department ; no such person as A. Hooper was entering Clerk in the Bank ; another note named in the indidment, which was paid to Dent, wa .shewn to: the witness, wha said, it was forged iii every respell, the plate and - Manuscript same the other; the fourteen taken.by Yeoman, all for geries, being of the same plate and filling up 'as tlit other two ; the 1:23 of AI. and 13 of 21. taken out of the saddle-bags by Pardoe, are ail forgeries, al!, the " one" poupds the same plate as the other " ones," and the same hand-writing, and the " twos" are filled up by the .same hand ; also the note sent up by`Mr. Townend ; .a forged bank. note, found amongst the 'country notes is of a different plate from the other " ones," but is a forgery.— The notes stated in the indittment were then read ; and the Prisoner being called upon for his defence said,' he had nothing to say, nor any witnesses to call, but declared the coat he had on when appre hended had no inside pocket. Mr. Justice:CHAMßitE summed up the evidence, and, after a consultation of five minutes, 'the Jury returned a verdiCt 0f......-Guilly. • His Lordship, in addressing 'the Prisoner, observ e.}, that he bad been found guilty upon as lull; clear, and satisfactory evidence as ever had been heard, of an offence which was in its practice most injurious to individuals, 'and tended todestroy the national credit. Many who had been - tried for similar, offences, had been deluded by others; but no doubt could be entertained- that he, from the quantity in hiS possession, had been nearly connect ed with the actual forgers and fabricators of these notes ;. and after. advising him to prepare for the, awful change about to take place, passed on hint the dreadful sentence of—Death, Among the capital convictions . was that of Rick and Ailonnison; aged 3.2, of Darlington, yeoman, re moved-by habeas 'corpus from the gaol at Durham, charged with assaulting Thomas Hall, of Bramp ton,' tarmet, on the King's highway, and taking from him three-; Ripon and Ktiaresborougb hiink nbtes, half a guinea in gold, .and,fi:teen shillings hi sine;---Guilty--Deaf 1.. N. B. We are sorry that we have occasion to no tice the indecorous condua of the witnesses for the prosecution on this trial. After the - unfortuuate man had been found guilty, they set out in post-chaises from their-inns home, with every demonstration of rejoicing, the post-boys having their hats chic Orated wish various coloured ribbons.—Fye on such inhu man gladness ! , , • FORG E'RY. David Anderson' was indiOeci for uttering, know ing them to be forged, two notes, purporting to be Bank of England notes, of the value of Ili. with in tent to defraud the 'Governor and Cotnpany of • the - bank of England, arc. • Mr. PAHL, on behalf of the prosecution, stated, that he had been eight years Counsel for the Bank of England in prosecutions .of this sort, but this was the trst in which he had been employed within this city the case, when all the circumstances are disclosed, was such as compe;led them to prosecute ; and if it was brought home to the Prisoner, it was intith to be lamented, but the law n-itist:take its Course, as there is no doubt the Prisoner' will tall :under the - Statute which-makes the offence capital. Dent; one of the witnesses who . would - be called 'on behalf of the prosecution. had reason to know of the Prisoner's coming to 'York, 'as no doubt be had entrimunicated the intentions Of his journey. If the' case had rested on the evidence ut Dent alone, it would not have been proceeded in; but his evidence would * supported by other witnesses of credibility. After making several other observa-: 4ons, the Learned Counsel then proceeded to call Witnesses. Robert Dent, miller, in Low-Oosegate,. York, said he had known the F'risonerbeforesAugust races last year ; about a month before the Prisoner was taken, he stopped at the Cross Keysin Jubbeig# ; witness was there. Prisoner told witness that he was coming to York at the Lent Assizes,' and could put lOW. a-year in witness's pocket. Prisoner came the week before the,Assizes; witness saw him bti thenth - of March, about eleven o'clock in the inrenonn, riding on alittle galloway up Onsegare, near to the Bank. Prisoner stoirped. the witness and spoke to him. Prisoner, asked the witness if he would buy any money _1 Witness replied lie did - not know; he might come down to his house and let him see it; and they fixed 7 o'clock in ille_evening for the purpose. Witness shortly afterwards toid.Yar doe; the City . OtECer, of the circumstance, who went to Mr, Alderman Wilson, and,- by an appointment, met him and Mr. R. Townend, at Baynes's Coffee house, where a plan was concerted. Mr. Townend gave the witness some ino" nieS that he had marked, and• amongst the rest two shillingS in silver, and some shillings '.unmarked. Mr. Townend marked the money in the presence, of the witness.. Witness went lionae to wait until the Prisoner called, which was not so soon 'as expetied. Witness went out to look fur him, Jim!' found him, with one fkocock, whiSpering .together ; .Prisoner. seeing the witness, said, " be down at your house direetly." Wit ness-bad a itilverrenp' with him ; Prisoner knew it. Witness went home, and-the Prisoner came in about -five or,ten inintitesi Mr.TOwuend and Pardoe were at Mr. Catitley's, (opposite to Dent's house,) at tbts time. Prisoner and witness went up stairs into the 'dining-room, which is fronting the 'street ; wittiess had a piece of . duffel cloth lying upon the table, and told the Prisoner he would sell him it, and asked what be would give ? Prisoner said two one pound notes, if he would return four shillings.; itfiess agreed to it, and the Prisoner gave him two notes of one p fund each, and witness ,gave him the 'four shilling 'he bad from Mr. Townend ; Pa. soner put them into. his poCket, and shortly after took a shilling out of his pocket to get some rum with. Hannan Grant (Dent's housekeeper) tame up stairs to get a 21. bill changed; the Prisoner - and witness wets together ; she said she wanted to get it changed for Mr. Cantle) , ; the bill was marked in the presence of the witness, at Baynes's ; the Pa. boner gave her forty shillings it, silker .for the note, . which she went out of the room with ; a,s soon as this was done, witness threw the window up as fixed, to. let Mr. Townend know, upon which Par doe and YeOman and others came up stairs; they seized the Prisoner direr ly,and searched him. Wit ness put his Mark on the 115'9 notes lie had taken be fore he delivered them to Mr. Townend ; bad not any other Bank of England notes. The notes were proved to be the same. Witness underwent a long cross-examination by Mr. Sinclair, but did not in . any degree alter his testimony. He questioned him respecting being convidted of petit larceny, and being confined two years; when Mr. Park observed, ..that,, having served -his sentence, he was a c,onapetenl,”7ittiess.-' To a qnestion by Mr. TOPPING, on behalf of the, prosecution, witness said, when Hannah Grant came into the room, she said, " Could yon," to. the witness,," change Mr. Cautley a two pouncF bill ?" answered, -he could not, and the soner gave change for it. . ::1 e ' , Townend, Esq.,. the. Town:Clerk :of York,' said, he marked some .rnonies ; amongst the rest were 25. with the letter, It. upon the head. side, wiliCh lie delivered to Dent along with other silver. ; He delivered to.Baumbrouglk a two* pounds banks note, which he had also marked first. About seven o'clock in the evening of the 9th of, March last,: he went to Mr. Cautley's; saw Dent throw% up the whidow, .as appointed for a signal. Witness sent td Pardoe and Yeoman, who were . stationed at public-house near ; - he desired them to take the, Prisoner. and Dent into custody, and witness went" to . see them. 'On going into 'the room, witness saw . the - PriNmer and Dent, Yardoe and Yetiman; there . was some cloth lying, and - a silver cup iDent .was fluttered, said, " these are the two notes I reteivfd. from Anderson." Witness advised Dent to have the cup with him; as the Prisoner would Pke silver. Yeoman was searching the Prisoner when witness went into the room. WitnesS saw the 15 bad notes„, one of which was sent up't6 the Solicitor of the. Batik of England; the note sent up Nias not mark ed. Baumbrough brought the 4os. change to Cautley's before the'officers went to Dente"; it W 33 afterwards examined, and one of the marked shil lings was amongst it; the other marked shilling the witness received from Mr;Pardoe this morning, and produced .it, as also the one from Baum brough ; saw the 21. note in the hands ot'l. eoman, and produced it. The notes were marked by Yeo man at the time, . and witness believes them to be the same. Being questioned by Mr. SINCLAIR,' witness says Dent does not bear a good character ; he was 'not to be believed upon oath. 'Witness: marked the money, to corroborate Dent'S evidence. LONDON :--Printed by RICHARD HARRIS, of No. 4, Martlett.comt, Row-street ; and Published by WILLIAM ARMIGER. SCRIPPS, SoOth Mlton.street, G orveror, square s , At the SUN-OFFICE, 10. 112, Strand; where Aduera4eptervis, Orders for the Paper, Letter.v for the Editor, Ste. (post-paia), nutlt addressed.. S'TOCKS DAY, India Stcck, • India Bonds, 195. 20s. pr. Excheq. 7s: w3s, pr: Ornniurn, t of pr. Imperial 3 per Cent. Ditto Arai. Cons. for 291.11 Aug. 683